22-3-505 - Income taxes.
22-3-505. Income taxes.
(1) A tax required to be paid by a trustee based on receipts allocated to income must be paidfrom income.
(2) A tax required to be paid by a trustee based on receipts allocated to principal must be paidfrom principal, even if the tax is called an income tax by the taxing authority.
(3) A tax required to be paid by a trustee on the trust's share of an entity's taxable income mustbe paid:
(a) from income to the extent that receipts from the entity are allocated only to income;
(b) from principal to the extent that receipts from the entity are allocated only to principal;
(c) proportionately from principal and income to the extent that receipts from the entity areallocated to both income and principal; and
(d) from principal to the extent that the tax exceeds the total receipts from the entity.
(4) After applying Subsections (1) through (3), the trustee shall adjust income or principalreceipts to the extent that the trust's taxes are reduced because the trust receives a deduction forpayments made to a beneficiary.
Amended by Chapter 96, 2009 General Session